The mandate of the Chief Executive following the resignation of her predecessor was a question that arose after the resignation of Tung Chee-hwa on March 10, 2005. The legal community and the pro-democracy camp have said that the term of office of the new chief executive should be five years, in accordance with Article 46. However, the Hong Kong government, some Beijing figures and the pro-Beijing camp have said that it should be the remaining mandate of the original chief executive, through a formality in the Chinese version of the Basic Law that introduced the concept of the remaining mandate. The Hong Kong Government requested interpretation from the NPCSC on 6 April 2005. The NPCSC ruled on 27 April 2005 that Annex I of the Basic Law requires the new Chief Executive to serve the remainder of his predecessor`s term if a Chief Executive resigns no later than 2007. Hong Kong residents who support autonomy view the Standing Committee`s “interpretation” as an intervention by the central government in Hong Kong`s legal system in violation of the spirit of the “one country, two systems” policy, which threatens the rule of law. [Citation needed] The basic principles for the interpretation of the Basic Law are described in Article 158 and the case law. In accordance with Article 158(1), the NPCSC has a power of final interpretation. This is in line with the NPC`s general power to interpret China`s domestic laws in accordance with Article 67(4) of the Constitution of the People`s Republic of China. [44]:222 As a national law, the Basic Law was drafted in Chinese, and its Chinese version prevails over the official English version in case of discrepancies. [45]:408 Before interpreting the Basic Law, the NPCSC must consult with its subcommittee, the Basic Law Committee of the Hong Kong Special Administrative Region. [46] The Sino-British joint declaration signed on December 19, 1984 between the Chinese and British governments calls for the creation of the Basic Law.

The Basic Law, drafted on the basis of the Declaration, sets out China`s basic policy towards Hong Kong, including the principle of “one country, two systems”, so that the governance and economic system practiced in mainland China are not extended to Hong Kong. Instead, Hong Kong would continue its capitalist system and way of life until 2047. [5] The Basic Law also defines the sources of law, the relationship between Hong Kong and the central government (State Council), the fundamental rights and obligations of Hong Kong residents and the branches of local government. The Basic Training Unit will postpone candidates who have been expelled from basic training due to failures, injuries, resignations, etc. Although these requests can be initiated by telephone, a written request is required before the candidate can resume training. Contact Basic training from June 2020 includes Annex III laws on the designation of the capital, national flag and anthem, territorial claims, nationality, diplomatic privileges and immunity, the garrison of the People`s Liberation Army and crimes against national security. In May 2020, the National People`s Congress announced that the NPCSC would enact a national security law tailored to Hong Kong in response to the 2019-2020 protests in Hong Kong. The Act was included in Annex III and promulgated without being adopted by the Legislative Council. [25] A Basic Law Advisory Committee (BLCC), composed of Hong Kong community leaders, was also established in 1985 to seek advice on the draft law in Hong Kong. Similar to the BLDC, the BLCC was dominated by commercial and professional elites. [8]:174 The basic principles of Hong Kong governance under Chinese sovereignty mirror those set out in the Sino-British Joint Declaration, and most of them are set out in the first chapter of the Basic Law. The NVKK identified Articles 1 and 12 as fundamental provisions of the Basic Law.

[10] Article 159 establishes the amendment procedure and gives the National People`s Congress the exclusive power to amend it. Amendments may be proposed by the NPCSC, the Council of State or Hong Kong. For Hong Kong to propose changes, the changes first require the support of two-thirds of Hong Kong`s Legislative Council, two-thirds of the deputies representing Hong Kong in the National People`s Congress, and the approval of the Hong Kong leader. All proposals must be considered by the Basic Law Committee of the Hong Kong Special Administrative Region, and no amendment may “violate the established basic guidelines of the People`s Republic of China concerning Hong Kong”. [52] The Hong Kong government then asked the Standing Committee of the National People`s Congress to interpret Articles 22 and 24 in order to avoid a possible influx of more than one million Chinese migrants to the mainland (according to government estimates) in Hong Kong. This sparked a debate over the independence of the judiciary in Hong Kong. Zhang Xiaoming also said that the Office of the Commissioner of National Security is not subject to the restrictions of Article 22. [21] The Basic Law guarantees a number of political rights, including the right to vote and to stand for election. [35] The right to participate in public life under the ICCPR is also guaranteed by Article 39, which includes, without undue restrictions, the right to be elected and elected in genuine and fair elections by universal and equal suffrage. [36] The Basic Law gives the Hong Kong government limited powers to engage in international affairs. Under the name “Hong Kong, China”, the Hong Kong government can conclude bilateral agreements with non-Chinese regions and international organizations in certain areas such as trade, commerce, communication, culture, tourism and sports.

[40] As members of a Chinese delegation, government officials may also conduct diplomatic negotiations and participate in international organizations and conferences directly affecting Hong Kong. [41] Shortly after the signing of the Sino-British Joint Declaration, the National People`s Congress established the Basic Law Drafting Committee (BLDC) in 1985, which laid the groundwork for the transfer of sovereignty in Hong Kong from the United Kingdom to China. [6]:444 The Committee was responsible for drafting the Draft Basic Law. In June 1985, the Standing Committee of the National People`s Congress (NPC) approved membership of the BLDC, which consisted of 36 members from China and 23 members from Hong Kong.[6]:444 chaired by Chinese diplomat Ji Pengfei. Twelve of Hong Kong`s 23 members were linked to the city`s economic and industrial sector. [7]:11[6]:444 The interpretation of the Basic Law by Hong Kong courts and the NPCSC is politically controversial. Albert Chen called the NPCSC`s interpretations “the main cause of constitutional controversy” since the handover. [42]:632 The constitutional powers of Hong Kong`s judiciary were first challenged in HKSAR v. Ma Wai Kwan[50], which was decided by the Court of Appeal 28 days after the surrender. The plaintiffs argued that the Provisional Legislative Council, which had been created unilaterally prior to the handover, was illegal and that the laws it had enacted were null and void.

The Court rejected this argument. Among other things, the court concluded that as a district court, it did not have the power to control an act of a sovereign authority. [42]:633 The Court held that since Article 19 of the Basic Law did not extend its judicial powers and did not have the power to review the validity of a sovereign act under colonial rule, it did not have that power after surrender. [42]:633 While agreeing with the majority decision, Justice Gerald Nazareth considered whether the constitutional order of China and that of the United Kingdom were analogous. He also noted that China`s constitution had not been discussed in detail during the process. [50]:352-353 John Chan noted that the lack of judicial oversight to review parliamentary acts reflected parliamentary supremacy, a doctrine that emerged from unwritten constitutional systems. [51]:376 Given that China has a written constitution and the Basic Law describes the relationship between Hong Kong and the central government as opposed to the colonial letter patent and royal instructions, Chan questioned whether parliamentary supremacy in Hong Kong was unrestricted after 1997. [51]:377 In April 2020, the provision sparked debate after the Liaison Office and the Hong Kong and Macau Affairs Office criticized pro-democracy lawmakers for delaying the election of the chair of the House Committee of the Legislative Council. [17] Pro-democracy lawmakers said the offices violated Section 22 by commenting on the election of a leader to the local legislature.

In response, the Liaison Office stated that they and the Hong Kong and Macao Affairs Office did not fall under article 22 because they had been authorized by the central authorities to specialize in the handling of Hong Kong cases, rather than what is generally understood by “departments under the central people`s government”. [18] [19] On the website of the State Council of China, also known as the Central People`s Government, the Hong Kong and Macau Affairs Office (国务院港澳事务办公室) and the Xinhua News Agency (新华通讯社), whose Hong Kong branch was the predecessor of the Liaison Office, are among the separate institutions of the constituent departments of the State Council (国务院组成部门). [20] In deciding whether to seek an interpretation of the NSCLC, the CFA applies a two-step approach based on Article 158(3) in Ng Ka Ling v. Director of Immigration.